Guidelines for Examination
PART C
CHAPTER VI EXAMINATION PROCEDURE
5. Amendments
5.3 Additional subject-matter
5.3.5 Evidence
 

HOME

E  /  D   /  F

 

 
 
PART C
CHAPTER VI EXAMINATION PROCEDURECHAPTER VI EXAMINATION PROCEDURE
5. Amendments5. Amendments
5.3 Additional subject-matter5.3 Additional subject-matter
  5.3.4 Introduction of further examples and new effects5.3.4 Introduction of further examples and new effects     5.3.6 Supplementary technical information5.3.6 Supplementary technical information  
 

5.3.5

Evidence

 

Under certain circumstances, however, later filed examples or new effects, even if not allowed into the application, may nevertheless be taken into account by the examiner as evidence in support of the patentability of the claimed invention. For instance, an additional example may be accepted as evidence that the invention can be readily applied, on the basis of the information given in the originally filed application, over the whole field claimed (see III, 6.3). Similarly a new effect (e.g. the one mentioned in VI, 5.3.4) may be considered as evidence in support of inventive step, provided that this new effect is implied by or at least related to an effect disclosed in the originally filed application (see IV, 9.11).

 

Art. 123(2)